Bill Status of SB 1460   100th General Assembly


Short Description:  NEGATIVE USE RESTRICTIONS

Senate Sponsors
Sen. Linda Holmes

Last Action  View All Actions

DateChamber Action
  1/9/2019SenateSession Sine Die

Statutes Amended In Order of Appearance
20 ILCS 605/605-10was 20 ILCS 605/46.1 in part

Synopsis As Introduced
Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the Department's powers and duties.

Senate Committee Amendment No. 1
Deletes reference to:
20 ILCS 605/605-10
Adds reference to:
New Act

Replaces everything after the enacting clause. Creates the Limitations on Negative Use Restrictions Act. Contains a statement of purpose and defines "negative use restriction". Provides that negative use restrictions are against public policy, void, and unenforceable, and is subject to the unit of local government's remedial and enforcement powers under any local zoning ordinance and the laws of the State of Illinois, if: (1) the negative use restriction prevents the use of the property for grocery store, drug store, discount store, warehouse club, home improvement store, or any other retail store purposes; (2) the negative use restriction applies after a grocery store, drug store, discount store, warehouse club, home improvement store, or any other retail store owner or operator has terminated operations at the site and the uses are otherwise permitted, including as a special use, under local zoning ordinances; (3) the negative use restriction has a term of more than one year; and (4) the site of the grocery store, drug store, discount store, warehouse club, home improvement store, or other retail store has in excess of 7,500 square feet of floor space. Provides that a current owner of a site that is subject to a negative use restriction has the right to seek an injunction or other remedy from the circuit court. Effective immediately.

Actions 
DateChamber Action
  2/9/2017SenateFiled with Secretary by Sen. Linda Holmes
  2/9/2017SenateFirst Reading
  2/9/2017SenateReferred to Assignments
  3/7/2017SenateAssigned to Judiciary
  3/10/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Linda Holmes
  3/10/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/14/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/14/2017SenateSenate Committee Amendment No. 1 Adopted
  3/15/2017SenateDo Pass as Amended Judiciary; 011-000-000
  3/15/2017SenatePlaced on Calendar Order of 2nd Reading March 16, 2017
  8/4/2017SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/9/2019SenateSession Sine Die

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